                                 CODE OF VIRGINIA

LIABILITY OF OPERATOR AND EXCAVATOR; PENALTIES (§ 56-265.25)

A. 1. If any underground utility line is damaged as a proximate result of a
person&#8217;s failure to comply with any provision of this chapter, that person
shall be liable to the operator of the underground utility line for the total
cost to repair the damaged facilities as that cost is normally computed by the
operator, provided the operator is a member of the notification center covering
the area in which the damage to the utility line takes place. The liability of
such a person for such damage shall not be limited by reason of this chapter.

   2. Any person who willfully fails to notify the notification center of
   proposed excavation or demolition shall be liable to the operator as provided
   in subsection A of &#xA7; 56-265.17.

   3. If, after receiving proper notice, an operator fails to discharge a duty
   imposed by any provision of this chapter and an underground utility line of
   such operator is damaged, as a proximate result of the operator&#8217;s
   failure to discharge such duty, by any person who has complied with all of the
   provisions of this chapter, such person shall not be so liable.

B. If an underground utility line of an operator is damaged, as the proximate
result of the operator&#8217;s failure to comply with any provision of this
chapter, by any person who has complied with the provisions of this chapter, the
operator shall be liable to such person for the total cost to repair any damage
to the equipment or facilities of such person resulting from such damage to the
operator&#8217;s underground utility line.

C. Except as specifically set forth herein, the provisions of this chapter shall
not be construed to either abrogate any rights, duties, or remedies existing
under law or create any rights, duties, defenses, or remedies in addition to any
rights, duties, or remedies existing under law.

HISTORY: 1979, c. 291; 1980, c. 696; 1989, c. 448; 1994, c. 890.